On the first day of the indecent assault trial of politician McKeeva Bush, jurors were told that he left teeth marks and a love bite on the skin of one woman, and kissed the shoulder of another while her husband stood nearby, at a cocktail reception attended by government leaders from around the Caribbean.
Bush faces two charges of indecent assault, and two alternate charges of common assault, arising from an incident at the welcome reception of a Caribbean Tourism Organization conference held at The Ritz-Carlton hotel on the night of 13 Sept. 2022.
Bush, who had been arraigned at an earlier date on the indecent assault charges – to which he had pleaded not guilty – responded loudly, “Absolutely not guilty”, when he was asked to plead Monday to the common assault charges.
Lead prosecutor Charles Miskin, KC, told jurors on Monday, 19 Feb., not to assume that assault in this case meant anything violent had occurred. Instead, he said, it was an instance of “boorish, unwelcome, uninvited, unlawful touching”.
This included “sucking and biting” one of the complainants, he said.
Miskin said the first complainant, a government employee who was working on the night in question, was trying to pull away “from an uncomfortable hug when he kissed her on the shoulder and said, ‘OK, see your husband over there?’ As she turned around, he said, ‘If he saw me doing this, he would not like it,’ and kissed her on the shoulder.”
CCTV footage
He said this encounter was captured on the hotel’s CCTV. The system did not record audio, only video footage.
“From that moment,” Miskin said, “diplomatic efforts were made to persuade [Bush] to leave the venue. That was eventually achieved only an hour later,” he said.
Before leaving, Bush took hold of the hand of the second complainant, giving her a “love bite or hickey on her arm, or hand, or wrist” Miskin told the jury.
“She was incredulous,” he said, and noted that she described the incident as “odd and creepy”.
That incident was not captured on CCTV because it occurred in a blind spot in the area, near the bar.
She showed the mark to the other complainant, who noted that she had “shallow teeth impressions” on her skin, Miskin said.
He described what had happened as “abusive and entitled behaviour” on Bush’s part.
“If a man – and, in this case, a well-known, influential public figure – does behave like that, he takes a very real risk … [of ending] up in court,” he said, adding that such behaviour showed a “profound lack of respect” and a “tendency to believe that you are above the law”.
The jurors were handed a bundle of documents that outlined the evidence they would later be shown in court, including the position of the relevant CCTV cameras at The Ritz-Carlton.
It is expected that they will be shown video from the CCTV on Tuesday.
The trial got off to a late start – first in the morning while the defence and prosecution made submissions to the judge on legal arguments. Then, in the afternoon, the late arrival of a juror delayed the case again, which eventually got started about 3pm.
Miskin explained to the jury that the indecent assault counts are the primary charges against Bush, while the common assault charges are alternate charges. If he is found not guilty of indecent assault, the jury can then consider the lesser charge of common assault.
Dressed in a dark suit and striped tie, Bush listened to the prosecution’s opening statement, sometimes taking notes or referring to a folder of documents.
Alternate jurors separated from main jury panel
The jury consists of five women and two men – with three male reserve jurors who will sit through the trial until all the evidence has been heard. One juror on Monday was excused due to ill health, and replaced with an alternate juror.
Visiting judge Justice Stanley John, who is presiding over the trial, addressed the jurors Monday afternoon, warning them not to be informed by anything they see on social media, and urging them to base their verdicts entirely on the evidence presented in court. The alternate jurors were seated on the opposite side of the courtroom from the empanelled jury, and were ordered not to speak to the main jurors, among themselves or to anyone else about the case.
John also told the jury that despite Bush – who has previously served as premier and Speaker of the House – being a public figure, he will not be afforded “any special privileges” and will be given a fair trial.
The jurors, lawyers and judge are expected to visit The Ritz-Carlton on Tuesday afternoon to see in person the site of the alleged offences.
Miskin pointed out that the conference was attended by senior political figures from several Caribbean countries, who were present at the welcome reception.
“It was an opportunity for Cayman to showcase its attractions. Everybody is supposed to be on their best behaviour, naturally, on these occasions. …. [The defendant] appears to have been drinking. Opinions vary on this topic,” he said.
He told the jurors, “Having too much to drink may well explain what happened, but it is not an excuse. It is not a defence.”
He added, that “more importantly”, Bush’s behaviour was “inappropriate and unlawful”.
“That is what this trial is about,” he said.
The trial is scheduled to continue for three weeks.
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